2014-2015 Annual Report - Supreme Court of Tasmania

www.supremecourt.tas.gov.au
2
THE CHIEF JUSTICE’S ANNUAL REPORT
FOR
THE SUPREME COURT OF TASMANIA
2014-2015
____________________________________________________________
This report is submitted in accordance with s194H of the Supreme Court Civil Procedure Act 1932, pursuant to
which the Chief Justice is to provide a report to Parliament. This report is to include details as to the administration
of justice in the Court during the current year and any other matters that the Chief Justice considers appropriate.
- ISSN 1449-146X -
www.supremecourt.tas.gov.au
3
THE YEAR AT A GLANCE
CRIMINAL JURISDICTION
CIVIL JURISDICTION
Originating Matters
Appeals
Total matters lodged
469
35
504
Originating Matters
Appeals
Total matters lodged
833
94
927
Finalised First Instance
Finalised Appeals
Total matters finalised
422
26
448
Finalised First Instance
Finalised Appeals
Total matters finalised
864
80
944
PROBATE
MEDIATION
Grants of Probate
2207
Personal Injuries – Motor Vehicle
Grants of Letters of Administration
Elections to Administer
Reseals
Total Probate matters
170
36
28
2441
Declaration
Personal Injuries – Other
Breach of Contract
Testators Family Maintenance
Professional Negligence
Monies Due
Other
Total Conducted
Total settled at mediation
More detailed statistical information can be found in Appendix A
www.supremecourt.tas.gov.au
4
34
10
6
23
15
19
10
31
148
98
THE JUDICIAL YEAR IN REVIEW
Chief Justice Alan Blow OAM
www.supremecourt.tas.gov.au
5
Personalia
There were no judicial appointments or retirements during the reporting year.
On 7 July 2014 His Excellency the Honourable Peter Underwood AC, the Governor of Tasmania, died in office. The
judges and staff of the Court were deeply saddened by his untimely death.
His Excellency was appointed as a judge of the Supreme Court in September 1984, and as Chief Justice in
December 2004. He resigned in order to take up the office of Governor in March 2008. He made an enormous
contribution to the administration of justice in Tasmania, particularly in relation to the introduction of case
management arrangements and mediations in the civil jurisdiction, and in the reform of criminal procedures. Even
after his appointment as Governor, he was actively involved in legal education and professional development.
As Chief Justice I exercised the role of Lieutenant Governor until the appointment of Her Excellency Professor the
Honourable Kate Warner AM as Governor on 10 December 2014, while also fulfilling the role of Chief Justice.
In November 2014 the Honourable David Harper AM QC was appointed as an Acting Judge to hear the appeal of
Ellis v Cordwell. On the determination of the appeal his Honour’s appointment ended.
Philip Louis Jackson was appointed as Senior Counsel on 25 March 2015, and the ceremonial sitting for his
appointment was held on 15 April 2015. The appointments as Senior Counsel of Mr Ayliffe SC and Mr Barker SC
were referred to in the 2013-2014 Annual Report. The ceremonial sitting for their appointments was held on 18
August 2014.
There were no significant appointments amongst Court staff, but transcriber Carole Triffitt left the Court to pursue
other business interests after more than 30 years as a transcriber.
www.supremecourt.tas.gov.au
6
Criminal Cases
The number of new criminal cases increased by 3% during the reporting year, from 454 to 469. Finalisations of
criminal cases also increased from 403 to 422, resulting in a clearance rate of only 90% which was slightly
improved on the last reporting year. This resulted in an increase in the number of pending criminal cases as at 30
June from 348 to 388.
These results are largely the result of a double murder trial, State of Tasmania v Standage, which occupied the time
of one judge for over five months, two of which fell in the reporting year. In the time taken to conduct that trial,
almost 60 ordinary cases (trials and pleas of guilty) would usually have been finalised. The flow-on effects of the
trial continue to be reflected in the statistics.
Inroads have been made into the older part of the pending caseload. In the 2013-14 year 26% of criminal cases
were between 12 and 24 months old, an increase from 15% in 2012-13. This year 19% of cases are between 12
and 24 months old, an improvement attributable to the particular focus the Court has put on finalising cases in that
age group. This trajectory is hoped to be continued in the 2015-16 year, bringing the pending caseload back to
2012-13 levels.
In order to deal with the criminal case load, there have been a number of occasions when criminal trials have
proceeded simultaneously in both of the Court's courtrooms in Launceston.
On a number of occasions,
Commonwealth criminal trials have been heard in court 1 in Hobart, while State criminal matters have proceeded in
courts 7 and 8. This is an inconvenient arrangement because the jury room in court 1 is designed only for a sevenmember civil jury. At one stage in April 2015, for the first time, six criminal trials proceeded simultaneously – three
in Hobart, two in Launceston and one in Burnie. To their credit, the transcribers managed to produce six running
transcripts.
The Court is reviewing aspects of its criminal case management practices. Consideration is being given to the
reform of the remand day system, where a large number of accused people attend court on the same day for a brief
review of their cases; and to the remittal of minor matters to the Magistrates Court in appropriate circumstances.
www.supremecourt.tas.gov.au
7
The reduction of scheduled criminal sittings in Burnie from four weeks to three weeks took effect from February
2014. This change was initiated because of a decline in criminal cases in Burnie but the sittings are lengthened or
shortened according to demand. If the caseload demands it, two judges rather than one are allocated to hear
criminal cases in Launceston, and that helps keep the age of pending cases in that region under control.
Civil Cases
Civil lodgements decreased by 3% during the reporting year, from 859 to 833. The clearance rate in civil cases was
103.7%, meaning that more cases were finalised than were commenced. Access to justice in the civil jurisdiction of
the Court has continued to be efficient and timely. The Court engages in active case management processes which
focus on ensuring that cases are ready for trial. Once cases are ready for trial there is usually little delay in listing
them before a judge. The delay between listing and trial is usually less than three months, but much depends on
the availability of counsel, the parties, and their witnesses.
This reporting year there has been a slight decrease in the number of pending civil cases, from 809 to 806. A
significant improvement is seen in the number of pending cases aged between 12 and 24 months. Last financial
year there were 256 pending cases in this group, this year the number has reduced to 192, a 25% decrease. This
is partly offset by a small increase in cases pending over 24 months old – from 73 to 89.
The reported civil clearance rate is affected by a statistical rule known as the "deemed finalised" rule, whereby
cases that have apparently been dormant for 12 months are counted as finalised. That rule exists in order to focus
attention on matters that are active, and can be progressed by the courts. When cases are deemed finalised, they
reduce the pending count and increase the finalisation count. Tasmania has the second highest reported "deemed
finalised" percentage in the country. This may reflect the mix of subject-matter of Tasmanian civil proceedings
and/or the effectiveness of our case management arrangements.
At present, personal injury matters are exempted from routine case management. One reason for this is that
plaintiffs and their solicitors often need to wait until medical conditions stabilise. The Court is concerned to ensure
that personal injury matters do not become stale when they should be progressing. Internal analysis has shown
that a significant proportion of cases that are deemed finalised because of inaction are subsequently revived and
progressed to resolution.
www.supremecourt.tas.gov.au
8
Mediation by Court staff and external mediators continues to be an effective method of dispute resolution in civil
cases and it is now fully accepted by the legal profession as an essential step in proceedings. This year’s settlement
rate of 66% is a drop from last year’s 76%.
Appeals
In its appellate jurisdictions, both criminal and civil, the Court is generally keeping pace with its work.
criminal appeals and 89% of civil appeals have been pending for less than 12 months.
92% of
There has been an increase in civil appeal lodgements from 89 to 94. Criminal appeal lodgements have increased
from 22 to 35 this year. Criminal appeal finalisations are up from 18 to 26, but civil appeal finalisations are down to
80 from 90.
Education and Research
During the year, the Court continued to engage with educational and research institutions in various ways, including
the following:

Sentencing workshops were held in Burnie by Justice Estcourt, Launceston by Justice Pearce, and Hobart by the
Chief Justice on Saturday 16 May 2015. The workshops were attended by approximately 150 members of the
public who were interested in learning more about the sentencing process. Judges in each location presided over
a sentencing hearing, and explained the relevant legislation and considerations to be taken into account.
Attendees were then able to discuss the facts of a case scenario they were provided with, and arrive at their own
sentences. The judges then handed down and explained their own sentences.

The Court completed the production of an information film for jurors. The film is played when jurors who have
been summoned to court assemble at the beginning of the Court sittings and it is also available on the Court’s
website. It explains the jury selection process, provides information about what jurors can expect during their
time at Court, and sets out their obligations and entitlements.
www.supremecourt.tas.gov.au
9

In November 2014 the Court participated for the first time in Open House Hobart, an event organised by the
Institute of Architects to provide the public with access to architecturally significant buildings in and around
Hobart. Two judges led tours, together with the architect of the Court buildings, Peter Partridge.

The Court has continued to enhance its information and communication resources. Apart from the information
video for jurors, projects initiated have included website development for the benefit of self-represented probate
applicants, and the establishment of the Court's twitter account.

The Court provides courtrooms for the University of Tasmania Law School's moots.

The Court facilitated the Sentencing Advisory Council's research projects concerning suspended sentences and
self-defence by providing access to files and data.

Judges routinely preside over litigation and advocacy exercises for trainees undertaking the Tasmanian Legal
Practice Course.

The Court continues to accept a regular intake of work-experience students from local schools and colleges,
providing a training opportunity for students with an interest in business administration and those who are
considering a career in the law.

Judges in criminal trials have facilitated the National Jury Study conducted by Professor Kate Warner AM, now
the Governor of Tasmania, and others from the University of Tasmania. That study is funded by the Australian
Research Council. It involves the investigation of jurors’ views as to sentencing in cases they have tried.
Technology
During the reporting year, the Court undertook further upgrades and expansion of its video conferencing
infrastructure. Voice amplification systems were also upgraded in some courts to ensure that everyone in a
courtroom is able to hear the proceedings. Development work on a probate module within the Civil Registry
Management System was finalised, and it is ready to be implemented. The enhancement of the Court's Criminal
Case Management System is ongoing.
www.supremecourt.tas.gov.au
10
The Court commenced an e-filing pilot project for its civil matters during 2013 and continued that project during the
2014-2015 year. Consideration is now being given to the merits of extending the pilot and the costs of information
technology infrastructure that would be required to gain the maximum efficiencies from the system.
Archiving of Statutes
The Supreme Court has been the repository for the originals of all Tasmanian statutes ever since the Executive
Council began to enact them in 1833. The oldest statutes were written on velum. The storage conditions have
been far from ideal. Following an amendment in 2013 to the Legislation Publication Act 1996, custody of these very
important documents is being transferred to the State Archivist. A project is underway to conserve and catalogue
these historic documents. The fragile nature of some of these documents, and the requirement for special storage
folders and boxes, has led to a revision of the expected completion date for the project. It is now expected that the
first half of the project, covering the years 1833 to 1900, will be completed in the year commencing 1 July 2016. It
is estimated the transfer of the remaining documents should be achieved by the end of 2017.
Probate
The Probate Rules 1936 remain in force. They need to be replaced by more modern rules. Consultation on the new
draft Probate Rules was completed during the previous reporting year, together with an Issues Paper that was
distributed to key stakeholders. Stakeholder comments have been considered, and where appropriate, incorporated
into the draft rules. The revised Probate Rules were approved by the Rule Committee in November 2015 and
forwarded to the Office of Parliamentary Counsel for drafting.
Legislative Amendments
As the result of an amendment in March 2014 to the Evidence (Children and Special Witnesses) Act 2001 in certain
cases the Court may direct that the evidence of children and other special witnesses be pre-recorded and presented
in audio visual form, without the need for the child or special witness to attend the trial. The number of cases in
which these directions are being made is increasing.
www.supremecourt.tas.gov.au
11
Justice Robert Pearce, Justice Helen Wood, Justice Shan Tennent, Chief Justice Alan Blow OAM, Justice David Porter, Justice Stephen Estcourt, Associate Justice Stephen Holt,
Registrar Jim Connolly
www.supremecourt.tas.gov.au
12
THE SUPREME COURT OF TASMANIA IN PROFILE
The Supreme Court of Tasmania (the Court), created by the Charter of Justice 1823, forms part of a multi-layered
court system, which exercises both Federal and State jurisdictions. The Court is the superior court of the State
and, is equal in status to, but independent of, the Legislature and the Executive.
Currently six judges constitute the Court. The Associate Judge, Registrar and approximately 50 administrative staff
support them.
Structure of the Court
Court systems throughout Australia are hierarchical with most States adopting three levels of courts:

Magistrates (or Local) Courts

District (or County) Courts

Supreme Courts
In Tasmania, there are only two levels in the court hierarchy, being the Magistrates Court and the Supreme Court.
The Court’s work is divided into three broad areas, namely criminal, civil and appeal matters.
Criminal matters are those in which an accused person is charged with an indictable offence. Upon entry of a plea
of not guilty, an indictable offence is tried by a judge and a jury of twelve people.
In civil matters, the Court determines disputes involving sums in excess of $50,000. The trials are usually
conducted by a judge sitting alone, although provision does exist for some cases to be tried with a jury of seven.
www.supremecourt.tas.gov.au
13
Appeals from the decisions of a single judge, or a judge and jury, are heard by a Bench usually of three judges,
called a Court of Criminal Appeal when sitting in criminal matters and called the Full Court when sitting in civil
matters. There is a provision enabling an appeal to be heard by only two judges.
Jurisdiction of the Court
The Court exercises both original and appellate jurisdictions. Original jurisdiction is when a matter comes before
the Court for a decision for the first time. Appellate jurisdiction is when the Court determines appeals from single
judges, from the Magistrates Court, or from various tribunals where there exists a right to appeal to the Supreme
Court.
Mediation
Only a very small percentage of civil cases require resolution by a hearing in the court. Far more civil cases settle
at mediation. The mediators are the Registrar and other court officers as well as selected legal practitioners where
necessary. The Court has the power to direct that a case be referred to mediation before it will be listed for trial.
Court-annexed mediation is a very popular and successful means of resolving civil disputes. It provides expedition,
saves costs and produces a just result. Without it, the Court would not be able to cope with its caseload.
Registries of the Court
The Court operates civil, criminal, probate and district registries.
Civil Registry
The Civil Registry receives and processes all documents lodged in the civil jurisdiction of the Court and is the first
point of reference for enquiries from the public and the legal profession. This Registry also receives and processes
appeals to the Full Court and single judge appeals. It has responsibility for the management of the Court’s records
and the listing and case management functions for the Court’s civil and appellate jurisdictions.
www.supremecourt.tas.gov.au
14
Criminal Registry
The Criminal Registry receives and processes documents lodged by the Director of Public Prosecutions (Tasmanian
and Commonwealth), which initiate criminal proceedings, and lists criminal trials and other hearings. It receives
and processes appeals and applications for leave to appeal and prepares appeal documentation for use by the Court
of Criminal Appeal. It also receives and processes applications to review decisions from the Magistrates Court and
statutory tribunals.
Probate Registry
The Probate Registry deals with applications for grants of probate, letters of administration and other related
matters. It is responsible for determining, on application for a grant of representation, what document or
documents constitute the last will of the deceased and/or who is entitled to be the legal personal representative of
the deceased.
Most of these applications are decided without a court hearing. If there is a dispute, it is heard and determined by
the Court in the same way as all other civil cases are heard and determined. When these determinations have been
made, a grant is issued to the legal personal representative of the deceased.
District Registries
The Court maintains district registries in Launceston and Burnie to deal with civil and criminal matters.
www.supremecourt.tas.gov.au
15
THE JUDGES AND THE ASSOCIATE JUDGE
Judges
Judges of the Supreme Court are appointed by the Governor on the advice of the Executive Council (a Council of
State Ministers including the Premier), from the ranks of barristers and solicitors who have at least ten years’
standing in their profession.
The Bench of the Supreme Court currently consists of the Chief Justice and five other judges, known as puisne
judges. This is an Anglo-French term meaning “subordinate” and pronounced “puny”.
The Supreme Court Act 1887, section 2, provides that the Court consists of a maximum of seven judges.
judges presently constitute the Court. Those presently holding office are:
The Chief Justice:
The Honourable Alan Michael Blow OAM
The puisne Judges:
The
The
The
The
The
Honourable
Honourable
Honourable
Honourable
Honourable
Shan Eve Tennent
David James Porter
Helen Marie Wood
Stephen Peter Estcourt
Robert William Pearce
www.supremecourt.tas.gov.au
16
Six
Associate Judge
The Governor appoints the Associate Judge of the Supreme Court in the same manner as a judge. The Associate
Judge assists the judges in conducting the civil jurisdiction of the Court. For instance, the Associate Judge deals
with interlocutory, that is procedural, applications in civil matters, before they come on for trial.
The Associate Judge can also hear and determine many cases that formerly could only be heard by a judge. This
legislative change has assisted the Court with the management of its caseload.
The Associate Judge is:
The Honourable Stephen James Holt.
www.supremecourt.tas.gov.au
17
THE WORK OF THE SUPREME COURT OF TASMANIA
The jurisdictions exercised by the Court, and the administrative support of the judicial functions of the Court, are
numerous and varied. Most people are generally aware of the Court’s jurisdictions in criminal and civil cases.
However, there are many other aspects of the Court’s work.
Office of the Sheriff
The office of the Sheriff can be traced back to medieval England. The office of Sheriff in Tasmania was created by
the Charter of Justice published by Letters Patent in 1823 (which also established the Supreme Court). The Sheriff
is a statutory officer appointed pursuant to the Sheriff Act 1873. The Sheriff also currently holds office as Registrar
of the Supreme Court. The Charter of Justice enables the Sheriff to appoint deputies, and the Sheriff is represented
at the Principal and District Registries by his deputies.
The functions of the Sheriff are prescribed by statute and include the following:

administration of the Juries Act 2003

service and execution (enforcement) of court orders and judgments

court security.
Administration of Juries
Juries are an integral part of the judicial system and by providing “trial by one’s peers” they form the link between
the community and the criminal justice system.
Jury service is a vital component of civic participation in our democracy and the criminal justice system. For many
people it is the most direct contact they will have with this important community responsibility. In Tasmania, juries
www.supremecourt.tas.gov.au
18
are used almost exclusively in criminal trials of serious indictable offences.
trials in Tasmania.
Juries are rarely empanelled in civil
The Sheriff is responsible for administration of juries in accordance with the Juries Act 2003. This involves
maintenance of the roll of potential jurors; determining each registry’s jury districts from which jurors are drawn;
issuing juror summonses; determining applications for exemption or deferral; instructing jurors on their role within
the justice system; administering juror expense claims; and handling general enquiries.
The Court’s jury list is sourced from the electoral Roll maintained by the Tasmanian Electoral Commission, with
jurors being selected at random by computer. Juror summonses are issued which require jurors to attend Court
unless they are exempted or have their jury service deferred.
Registry
Hobart
Launceston
Burnie
TOTAL
No. Jurors Summoned
4,344
5,092
2,546
11,982
No. Attended
1,132
1,055
548
2,735
No. Empanelled
454
348
198
1,000
No. of Trials
37
29
20
86
There were no civil jury trials conducted in the reporting year.
Payment to jurors for loss of income, attendance and expenses in 2014-2015 totalled approximately $589,823.
Enforcement of Court Orders
Writs to enforce judgments and orders of the Court are received by the Sheriff for immediate execution.
Execution of court orders outside the immediate precincts of the Hobart, Launceston and Burnie registries is usually
entrusted to bailiffs – who are often officers of Tasmania Police - by virtue of rule 903 of the Supreme Court Rules
2000. If circumstances require, the Sheriff or any of his officers may execute any Writ within the State.
www.supremecourt.tas.gov.au
19
The number of writs of execution filed with the Court has dropped slightly this year. In 2014-2015, Sheriff’s officers
executed 65 writs of execution, of which 47 were writs of possession and 18 were writs of fieri facias or writs of
delivery.
Applications for orders for possession of premises pursuant to section 146 of the Land Titles Act 1980 decreased to
200 in comparison with 257 in the previous reporting period.
Court Security
Court security officers continue to provide support to the Court to ensure the safety and security of all those who
attend court. Security monitoring devices include walk-through metal detectors, hand-held metal detectors and
CCTV surveillance equipment. Security personnel are appointed as authorised officers pursuant to section 1B of the
Admissions to Court Act 1916. Authorised officers have powers which include the following:

power to require persons entering the court to be identified; and

power to require persons entering the court to deposit with an authorised officer any placard, instrument,
device or thing that is liable to engender violence or create a breach of the peace; and

power to require a person to leave, or not enter, a court or remove a person from the court.
Probate
The Probate Registry issues grants which signify legal personal representatives have been appointed to administer
the estates of deceased persons. The Probate Registry is located at the Hobart Registry of the Court.
The most common grants are for:


probate (where an executor applies to prove a will);
letters of administration with the will annexed (where there is no executor to prove the will and a person with
a financial interest in the estate under the terms of the will applies); and
www.supremecourt.tas.gov.au
20

letters of administration (where there is no will and a person entitled to benefit under intestate succession law
applies).
This reporting year the Probate Registry issued 2441 grants of which 2134 were grants of probate, 170 were grants
of letters of administration, 36 were elections to administer low value estates, there were also 73 caveats and other
miscellaneous applications, and 28 reseals of grants from other jurisdictions.
These grants are made in response to non-contentious applications. Once filed these applications are reviewed by
Probate staff to ensure all necessary documentary evidence (providing details about the deceased, the will if any,
the assets and liabilities of the estate, the executors or administrators, and beneficiaries) has been submitted to
ensure that the authority to administer the deceased person’s estate is granted to the person legally entitled to the
grant.
The number of applications in person to the Probate Registry has continued to increase. Additional resources have
been allocated to reduce delay in issuing grants. Of concern is the likelihood that at least some applicants in person
do not fully comprehend the task of administering estates. The Court has now improved the information resources
available to applicants-in-person, as part of its project to modernise the Probate Rules applicable to this jurisdiction.
Information Technology
The Court relies increasingly on information technology to perform its functions. During 2014–15 the Court
continued to invest in the areas of in-court technology, and data collection and management. The Court has
continued to improve in-Court recording and audio systems with the installation of voice enhancement
microphones, and improved video-conferencing facilities statewide.
The Probate records are being relocated to the Civil Registry Management System (CRMS), to provide improved
data management and reporting, as well as an improved platform.
www.supremecourt.tas.gov.au
21
Judges’ Library
The judges’ library is essential to the efficient performance of the judicial function and the writing of judgments.
The main library collection is located in Judges’ Chambers in Hobart, and comprises law reports from most common
law jurisdictions, textbooks, periodicals, serials, journals, and legislation. The judges’ library also subscribes to a
variety of on-line legal resources, law reports, and texts from the various legal publishers.
The library also contains copies of earlier unreported judgments of previous judges of the Supreme Court.
Publication of the Court’s judgments on the internet, plus management of the Court’s external and internal websites
is undertaken by library and chambers staff.
The library also provides library services to judges when sitting in Launceston and Burnie, which have limited hard
copy collections. The Supreme Court librarian manages the availability of on-line and hard copy legal resources,
and provides training in legal information research skills.
Transcribing Services
The Supreme Court has an experienced transcribing service to produce transcripts of selected court proceedings for
judges, counsel and parties to litigation. Transcripts are prepared without charge to the parties in most criminal
trials, and at cost in those civil proceedings where the parties have requested a transcript.
Digital audio-recording technology now enables high-quality audio-visual recording of the proceedings in the
courtroom to be transmitted in real time to transcribing typists based at the local Court location, or if assistance is
required, to any of the other transcribing typists based in the other Court locations in the State. The Court employs
a pool of approximately 16 transcription typists on either a full-time or part-time basis. Transcript can be provided
as a daily transcript if required during a trial, or at a later stage if required for appeals or other purposes.
www.supremecourt.tas.gov.au
22
COURT ADMINISTRATION – PERFORMANCE
The work of the Court is divided into two major jurisdictional areas – crime and civil. Unlike many other Supreme Courts, the
Court is not divided into divisions. All judges hear matters at first instance and on appeal, in both jurisdictions. In addition, the
Court sits in three regions within the State: Hobart, Launceston and Burnie.
The workload of the Court is subject to fluctuations that are beyond the ability of the Court to control. The nature of the legal
process requires it to hear any matter falling within the jurisdiction of the Court that is brought before it. As the jurisdiction
of the Court expands and contracts with statutory changes and social conditions, so does its workload.
The overall objectives for Court administration for the reporting year were:

To be open and accessible;

To process matters in an expeditious and timely manner;

To provide due process and equal protection before the law;

To be independent yet accountable to Parliament for performance.
A national framework of performance indicators adopted by the Court supports the objectives of the Court.
indicators are summarised below.
The two principal
Backlog Indicator
The backlog indicator is a measure of timeliness and delay. This indicator specifically measures the Court’s pending caseload
against national timeliness standards. The national time standards targets are that no more than 10% of lodgments pending
completion should be more than 12 months old; and no lodgments pending completion should be more than 24 months old.
www.supremecourt.tas.gov.au
23
Backlog Indicator - Supreme Court (Criminal) - First Instance
Total Pending
Caseload
Pending < 12mths
Pending >12mths
and <24mths
Pending >24mths
2012-13
%
2013-14
%
2014-15
%
315
100
348
100
388
100
237
75
235
68
281
72
46
15
92
26
73
19
32
10
21
6
34
9
Backlog Indicator - Supreme Court (Criminal) - Appeal
Total Pending
Caseload
Pending < 12mths
Pending >12mths
and <24mths
Pending >24mths
2012-13
%
2013-14
%
2014-15
%
14
100
17
100
26
100
14
100
16
94
24
92
0
0
1
6
1
4
0
0
0
0
1
4
www.supremecourt.tas.gov.au
24
Backlog Indicator - Supreme Court (Civil) - First Instance
2012-13
%
2013-14
%
2014-15
%
Total Pending Caseload
898
100
809
100
806
100
Pending< 12mths
571
64
480
59
525
65
Pending >12mths and
<24mths
253
28
256
32
192
24
74
8
73
9
89
11
2012-13
%
2013-14
%
2014-15
%
Total Pending Caseload
56
100
50
100
62
100
Pending< 12mths
48
86
38
76
55
89
Pending >12mths and
<24mths
6
11
9
18
6
10
Pending >24mths
2
3
3
6
1
1
Pending >24mths
Backlog Indicator - Supreme Court (Civil) - Appeal
www.supremecourt.tas.gov.au
25
Clearance Rate
The Clearance Rate indicator is a measure that shows whether the Court is keeping up with its workload. The indicator denotes
the number of finalisations in the reporting period expressed as a percentage of the number of lodgments for the same period.
A result of 100% indicates the Court is finalising as many matters as it receives. A result greater than 100% indicates the
Court is reducing its pending caseload.
Supreme Court clearance rate (First instance)
Criminal Jurisdiction
Civil Jurisdiction
2012-13
2013-14
2014-15
101.5%
88.8%
90.0%
90.3%
116.5%
103.7%
www.supremecourt.tas.gov.au
26
APPENDIX A
Statistical Information
Original Jurisdiction
Criminal Lodgements
700
600
613
564
500
523
400
454
469
300
200
100
0
2010/2011
2011/2012
2012/2013
2013/2014
www.supremecourt.tas.gov.au
27
2014/2015
Criminal Finalisations
700
600
616
500
537
536
400
403
422
300
200
100
0
2010/2011
2011/2012
2012/2013
2013/2014
2014/15
Criminal Pending
700
600
500
400
300
324
351
200
316
348
388
100
0
30-Jun-11
30-Jun-12
30-Jun-13
30-Jun-14
www.supremecourt.tas.gov.au
28
30-Jun-15
Civil Lodgements
1200
1000
1046
981
800
894
859
833
600
400
200
0
2010-2011
2011-2012
2012-2013
2013-2014
2014-2015
Civil Finalisations
1200
1000
976
800
945
911
1002
864
600
400
200
0
2010-2011
2011-2012
2012-2013
2013-2014
www.supremecourt.tas.gov.au
29
2014-2015
Civil Pending
1200
1000
800
830
901
802
809
806
600
400
200
0
30-Jun-11
30-Jun-12
30-Jun-13
30-Jun-14
www.supremecourt.tas.gov.au
30
30-Jun-15
Appellate Jurisdiction
Criminal Appeal Lodgements
40
30
35
33
28
20
22
22
10
0
2010-2011
2011-2012
2012-2013
2013-2014
2014-2015
Criminal Appeal Finalisations
40
30
34
26
20
26
25
18
10
0
2010-2011
2011-2012
2012-2013
2013-2014
www.supremecourt.tas.gov.au
31
2014-2015
Criminal Appeal Pending
40
30
26
20
16
10
18
17
14
0
30-Jun-11
30-Jun-12
30-Jun-13
30-Jun-14
30-Jun-15
Civil Appeal Lodgements
120
100
80
92
92
84
89
94
60
40
20
0
2010-2011
2011-2012
2012-2013
2013-2014
www.supremecourt.tas.gov.au
32
2014-2015
Civil Appeal Finalisations
120
100
80
95
84
90
80
75
60
40
20
0
2010-2011
2011-2012
2012-2013
2013-2014
2014-2015
Civil Appeal Pending
120
100
80
60
40
61
56
52
62
50
20
0
30-Jun-11
30-Jun-12
30-Jun-13
30-Jun-14
www.supremecourt.tas.gov.au
33
30-Jun-15
Miscellaneous
Criminal Case Lodgements 2014-2015
140
129
120
100
80
76
72
60
41
40
36
27
20
27
29
14
11
7
0
Homicide
Acts
Sexual
Robbery,
Intended to Assault and extortion
cause injury related
and related
offences
offences
Burglary
Theft
Fraud and
deception
Illicit drug
offences
www.supremecourt.tas.gov.au
34
Property
damage
Offences
against
justice
procedure
Other
Civil Case Lodgements 2014 - 2015
250
201
200
200
150
100
50
132
104
97
48
30
0
www.supremecourt.tas.gov.au
35
21
Civil Appeal Lodgements by Origin 2014 - 2015
45
42
40
35
30
25
20
15
15
10
7
5
5
5
1
0
www.supremecourt.tas.gov.au
36
2
1
Probate* Lodgements
2500
2412
2370
2394
30-Jun-14
30-Jun-15
2355
2350
2275
2200
2050
30-Jun-11
30-Jun-12
30-Jun-13
Probate* Grants
2500
2405
2350
2312
2441
2336
2272
2200
2050
30-Jun-11
30-Jun-12
30-Jun-13
30-Jun-14
*includes Letters of Administration
www.supremecourt.tas.gov.au
37
30-Jun-15
Mediations - Settled at Conference*
80%
70%
60%
50%
40%
30%
20%
10%
0%
76%
66%
2009-2010
61%
2010-2011
66%
64%
60%
2011-2012
2012-2013
*or within 30 days of conference
www.supremecourt.tas.gov.au
38
2013-2014
2014-2015
APPENDIX B
Staffing Information
Numbers of Judges and Staff (FTEs)
2013-2014
7.0
13.8
8.0
6.4
2.0
3.8
7.7
0.9
1.0
0.0
3.0
53.6
Judges and Associate Judge
Judicial Support
Civil Registry
Criminal Registry
Probate
Court Security and Sheriffs
Court Reporting
Library
Information Technology
Mediators
First Line Support Staff
Total
www.supremecourt.tas.gov.au
39
2014-15
7.0
13.8
8.2
4.6
3.1
4.9
8.5
1.0
1.0
0.5
3.0
55.6
www.supremecourt.tas.gov.au
40
APPENDIX C
Financial Statements
Operating Account
Year ended 30 June 2015
Supreme Court Annual Report
FY 13-14
FY 14-15
RECEIPTS
Recurrent appropriation
Registry fees
Provision of transcript
Probate fees & charges
Mediation fees
Sheriff's fees
Court reporting
Video conferencing
Other receipts
TOTAL RECEIPTS
4,624,689
666,594
53,743
1,275,862
61,251
20,121
6,787
7,455
314,467
7,030,968
4,970,985
573,422
69,708
1,318,157
65,928
12,153
38,660
2,900
424,309
7,476,222
EMPLOYEE-RELATED EXPENDITURE
Salaries & wages
Fringe Benefits Tax
Payroll tax
Superannuation
Workers compensation insurance
Training
Other employee related expenses
TOTAL EMPLOYEE-RELATED EXPENDITURE
3,101,010
47,990
0
363,025
55,359
8,509
50,626
3,626,519
3,166,285
52,716
0
381,753
71,000
4,384
55,527
3,731,663
www.supremecourt.tas.gov.au
41
ADMINISTRATIVE & OTHER EXPENDITURE
Fuel, light & power
Advertising & recruitment
Rental
Communications
Travel
Consultancies
Printing & stationery
Rates
Repairs & maintenance
Minor equipment
Library materials
Computers & IT
Expenses of witnesses
Expenses of Jurors
Other administrative expenses
TOTAL ADMINISTRATIVE & OTHER
EXPENDITURE
RESERVED BY LAW
Salaries & other entitlements of Judges
Salaries & other entitlements of the Associate
Judge
TOTAL RESERVED BY LAW EXPENDITURE
OVERHEAD CONTRIBUTION TO THE
DEPARTMENT OF JUSTICE
221,341
3,036
2,715
69,458
97,353
44,616
61,350
163,445
345,343
38,878
82,133
242,370
128,717
576,982
1,271,846
204,856
219
14,654
72,221
97,206
36,890
61,873
148,797
193,033
22,592
97,660
275,360
78,540
589,823
1,247,402
3,349,584
3,141,126
3,221,508
3,258,195
439,511
3,661,020
436,909
3,695,104
1,458,845
1,609,013
www.supremecourt.tas.gov.au
42